840 OYSTERS, AND ALL ABOUT THEM. 



fishery, or by endeavouring to increase the number of 

 oysters on the beds. To restrict the fishery would, in 

 effect, deprive many of the poorer class of people of a 

 portion of their substance and means of livelihood ; nor 

 was it necessary, except in extreme cases, to do so. The 

 root of the evil was that the demand had outgrown the 

 supply, and so long as that continued, restrictive measures 

 would not only be very difficult to enforce (as the periodic 

 oyster war in the Chesapeake bore witness), but would 

 cause an increase in the price of a desirable and nutritious 

 article of food. 



Restriction, except in special cases, was, then, not a 

 practicable or desirable remedy. The other alternative 

 was to strike at the root, and endeavour to increase the 

 supply ; and this could be done only by the cultivation of 

 additional areas which were unproductive. A feeble effort 

 had been made in this direction, under the authority of 

 those sections of the Code which permitted individuals to 

 cultivate tracts of bottom ; of those sections the following 

 is a brief synopsis : 



Section 3390 provides that any inhabitant of the State 

 may have not more than 10 acres of bottom, provided he 

 first obtains a license from the Clerk of the Superior Court, 

 stakes out the ground with substantial stakes, and has not 

 more than one such bed in a county ; and provided, also, 

 that the riparian rights of owners of adjacent lands shall 

 not be affected, nor any natural clam or oyster-bed be 

 inclosed nor navigation obstructed. 



Section 3391 authorizes the Clerk of the Superior 

 Court, in his discretion, to grant licenses. 



Section 3392 authorizes the County Commissioners, 

 in their discretion, to make surveys of the private beds or 

 gardens, and declares any owner who is found to have 



